How can a vehicle owner pursue compensation for property damage caused by another driver’s negligence?
Recovering Vehicle Property Damage After a North Carolina Crash
Detailed Answer
1. Confirm the Other Driver Was Negligent
North Carolina follows a strict contributory negligence rule: if you were even 1% at fault, you generally cannot recover from the other driver. You will need photographs, witness statements, the crash report, and—when available—traffic-camera or dash-cam footage to prove the other driver was 100% to blame.
2. Obtain the Official Crash Report
Under N.C. Gen. Stat. § 20-166.1, crashes causing injury, death, or apparent property damage of $1,000 or more must be reported to law enforcement. The responding officer files DMV-349, which lists each driver’s statement, contributing factors, and insurance information—key evidence when you present your claim.
3. Check Available Insurance Coverages
Liability coverage (third-party claim). Every driver must carry at least $25,000 in property-damage liability coverage (§ 20-279.21). You may demand payment from the at-fault driver’s insurer for repair costs, towing, storage fees, rental car expenses, and—if applicable—diminished value.
Collision coverage (first-party claim). If you purchased collision coverage, you may file with your own insurer. Your carrier can later pursue subrogation against the at-fault driver under § 20-279.95 to recover what it paid you and to reimburse your deductible.
Uninsured/Underinsured Motorist (UM/UIM). When the negligent driver lacks insurance or carries less coverage than your damages, UM/UIM can fill the gap.
4. Gather Repair Estimates and Proof of Loss
Obtain at least two written estimates from reputable body shops. Keep receipts for towing, storage, rental, and personal property damaged inside the car (e.g., child seats, electronics). Present these documents to the adjuster as part of a property-damage demand package.
5. Negotiate the Property-Damage Settlement
Adjusters may challenge labor rates, parts pricing, or total-loss valuations. You may:
Request a written explanation of any deductions.
Provide comparable vehicle listings to support a higher actual cash value (ACV).
Invoke your policy’s appraisal clause if you disagree with your own insurer’s valuation.
6. Understand Diminished Value Claims
Even after quality repairs, a wreck history can reduce a vehicle’s resale price. North Carolina allows recovery for diminished value if you supply credible evidence—usually a professional appraisal—showing the monetary loss.
7. File Suit if the Insurer Refuses to Pay
If negotiations stall, you may sue the at-fault driver (and sometimes the insurer directly):
Small Claims (Magistrate) Court – Up to $10,000; simplified rules; quick hearings.
District Court – Over $10,000; formal discovery; judge or jury trial.
The statute of limitations for property damage is three years from the crash date (N.C. Gen. Stat. § 1-52(16)). File suit before the deadline or your claim dies forever.
8. Collecting Your Judgment
If you win and the insurer still will not pay, you may use post-judgment tools—bank garnishment, wage garnishment (limited in NC), or sheriff levy—to collect from the at-fault driver.
Helpful Hints
Photograph all four corners of each vehicle, roadway debris, skid marks, and traffic signs before cars are moved.
Do not give a recorded statement to the other driver’s insurer without legal guidance; statements can be used to argue contributory negligence.
North Carolina allows you to choose the repair shop; the insurer cannot force you to use its “preferred” vendor.
Keep damaged parts the shop removes—those parts can be evidence if valuation becomes an issue.
File a claim for rental reimbursement immediately; many policies limit daily rates and total days.
If the vehicle is declared a total loss, remember to cancel license plates and insurance once the settlement check clears.
Need help recovering every dollar your vehicle is worth? Our North Carolina personal-injury attorneys have years of experience standing up to insurance companies. Call 919-313-2737 today for a free consultation and let us protect your property-damage rights.
